SRC-MKV, TBR S.B. 184 77(R)BILL ANALYSIS


Senate Research CenterS.B. 184
By: Zaffirini
Health and Human Services
5/22/2001
Enrolled


DIGEST AND PURPOSE 

S.B. 184 clarifies that the Texas Department of Human Services (DHS) may
require a person to personally appear to establish initial or periodic
eligibility requirements if it is necessary to protect the integrity of the
food stamp program or to prevent an adverse determination that would be
less likely to occur if the person appeared personally.  S.B. 184 also
allows a person to elect to appear in person and requires DHS to adopt
rules to exercise the federal option that allows households that are
eligible for non-cash or in-kind benefits under Temporary Assistance for
Needy Families programs to be categorically eligible for food stamps.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Human
Services in SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 33, Human Resources Code, by adding Section
33.015, as follows: 

Sec. 33.015.  INITIAL ESTABLISHMENT AND RECERTIFICATION OF ELIGIBILITY FOR
CERTAIN PERSONS.  (a) Requires the Texas Department of Human Services
(department), in administering the food stamp program, to, except as
provided by Subsection (c), allow a person to comply with initial
eligibility requirements, including any initial interview, and with
subsequent periodic eligibility recertification requirements by telephone
instead of through a personal appearance at department offices under
certain conditions. 

(b) Provides that for the purposes of Subsection (a)(2), a hardship
includes a situation in which a person is prevented from personally
appearing at department offices because the person is subject to a work or
training schedule; subject to transportation difficulties; subject to other
difficulties arising from the person's residency in a rural area; subject
to prolonged severe weather; ill; or needed to care for a member of the
person's household. 

(c) Authorizes the department to require a person described by Subsection
(a) to personally appear at the department offices to establish initial
eligibility or to comply with periodic eligibility recertification
requirements if the department considers a personal appearance necessary to
protect the integrity of the food stamp program or to prevent an adverse
determination regarding the person's eligibility that would be less likely
to occur if the person made a personal appearance. 

(d) Authorizes a person described by Subsection (a) to elect to personally
appear at the department offices to establish initial eligibility or to
comply with periodic eligibility recertification requirements. 

(e) Requires the department to require a person exempted under this section
from  making a personal appearance at department offices to provide
verification of the person's entitlement to the exemption on initial
eligibility certification and on each subsequent periodic eligibility
recertification.  Requires the department, if the person does not provide
verification and the department considers the verification necessary to
protect the integrity of the food stamp program, to initiate a fraud
referral to the department's office of inspector general. 

SECTION 2.  Requires the department, as soon as practicable after the
effective date of this Act, to adopt rules necessary for this state to
exercise the federal option described by 7 CFR Part 273.2(j) under which
households that are eligible for non-cash or in-kind benefits under the
Temporary Assistance for Needy Families program administered under Chapter
31, Human Resources Code, are considered categorically eligible for food
stamps.  Requires the department, in adopting rules, to designate the
specific non-cash or in-kind benefit that will result in categorical
eligibility for food stamps and establish resource limits governing
categorical eligibility for food stamps. 

SECTION 3. Requires a state agency affected by a provision of this Act to
request a waiver or authorization and authorizes the agency to delay
implementing that provision until the waiver or authorization is granted,
if the agency determines before implementing any provision of this Act that
a waiver or authorization from a federal agency is necessary.  Provides
that if a state agency requests a waiver or authorization in connection
with implementation of Section 33.015(e), Human Resources Code, as added by
this Act, and a federal agency denies that request, the denial does not
prohibit the state agency from implementing the other provisions of Section
33.015, Human Resources Code, as added by this Act. 

SECTION 4.  Effective date: September 1, 2001.
  Makes application of this Act prospective.